South Caroline Code of Laws(Unannotated)Current through the end of the 2008 Session

Title 59 - Education
CHAPTER 112.
DETERMINATION OF RATES OF TUITION AND FEESSECTION 59-112-10. Definitions.
As used in this chapter:
A. The words "state institution" mean those post- secondary educational institutions under the jurisdiction of:
(1) the Board of Trustees, Clemson University;
(2) the Board of Trustees, Medical University of South Carolina;
(3) the Board of Trustees, South Carolina State University;
(4) the Board of Trustees, College of Charleston;
(5) the Board of Trustees, Lander University;
(6) the Board of Trustees, Francis Marion University;
(7) the Board of Visitors, The Citadel;
(8) the Board of Trustees, the University of South Carolina;
(9) the Board of Trustees, Winthrop University;
(10) the Board of Trustees, Coastal Carolina University;
(11) the State Board for Technical and Comprehensive Education.
B. The word "student" shall mean any person enrolled for studies in any State Institution.
C. The word "residence" or "reside" shall mean continuous and permanent physical presence within this State, provided, that temporary absences for short periods of time shall not affect the establishment of a residence.
D. The word "domicile" shall mean a person's true, fixed, principal residence and place of habitation; it shall indicate the place where such person intends to remain, and to which such person expects to return upon leaving without establishing a new domicile in another state. For purposes of this section one may have only one legal domicile; one is presumed to abandon automatically an old domicile upon establishing a new one. Housing provided on an academic session basis for students at State Institutions shall be presumed not to be a place of principal residence, as residency in such housing is by nature temporary.
E. The words "in-state rates" shall mean charges for tuition and fees established by State Institutions for persons who are domiciled in South Carolina in accordance with this chapter; the words "out-of-state rates" shall mean charges for tuition and fees established by State Institutions for persons who are not domiciled in South Carolina in accordance with this chapter.
F. The words "independent person" shall mean a person in his majority, or an emancipated minor, whose predominant source of income is his own earnings or income from employment, investments, or payments from trusts, grants, scholarships, loans or payments of alimony or separate maintenance made pursuant to court order.
G. The words "dependent" or "dependent person" mean:
(1) one whose financial support is provided not through his own earnings or entitlements, but whose predominant source of income or support is payments from a parent, spouse, or guardian, and who qualifies as a dependent or an exemption on the federal tax return of the parent, spouse, or guardian; or
(2) one for whom payments are made, under court order, for child support and the cost of his college education by an independent person meeting the provisions of Section 59-112-20 A or B.
The words "dependent" or "dependent person" do not include a spouse or former spouse who is the recipient of alimony or separate maintenance payments made pursuant to court order.
H. The word "minor" shall mean a person who has not attained the age of eighteen years; and the words "emancipated minor" shall mean a minor whose parents have entirely surrendered the right to the care, custody and earnings of such minor and are no longer under any legal obligation to support or maintain such minor.
I. The word "parent" shall mean a person's natural or adoptive father or mother; or if one parent has custody of the child, the parent having custody; or if there is a guardian or other legal custodian of such person, then such guardian or legal custodian; provided, however, that where circumstances indicate that such guardianship or custodianship was created primarily for the purpose of conferring South Carolina domicile for tuition and fee purposes on such child or dependent person, it shall not be given such effect.
J. The word "spouse" shall mean the husband or wife of a married person. SECTION 59-112-20. South Carolina domicile defined for purposes of rates of tuition and fees.
[Section effective until July 1, 2009. See, also, section effective July 1, 2009.]
South Carolina domicile for tuition and fee purposes shall be established as follows in determinations of rates of tuition and fees to be paid by students entering or attending State Institutions:
A. Independent persons who reside in and have been domiciled in South Carolina for a period of no less than twelve months with an intention of making a permanent home therein, and their dependents, may be considered eligible for in-state rates.
B. Independent persons who reside in and have been domiciled in South Carolina for fewer than twelve months but who have full-time employment in the State, and their dependents, may be considered eligible for in-state rates for as long as such independent person is employed on a full-time basis in the State.
C. Where an independent person meeting the provisions of Section 59-112-20 B above, is living apart from his spouse, or where such person and his spouse are separated or divorced, the spouse and dependents of such independent person shall have domiciliary status for tuition and fee purposes only under the following circumstances:
(1) if the spouse requesting domiciliary status for tuition and fee purposes remains domiciled in South Carolina although living apart or separated from his or her employed spouse;
(2) if the dependent requesting domiciliary status for tuition and fee purposes is under the legal custody or guardianship, as defined in Section 59-112-10 I above, of an independent person who is domiciled in this State; or if such dependent is claimed as an income tax exemption by the parent not having legal custody but paying child-support, so long as either parent remains domiciled in South Carolina.
D. The residence and domicile of a dependent minor shall be presumed to be that of the parent of such dependent minor. SECTION 59-112-20. South Carolina domicile defined for purposes of rates of tuition and fees.
[Section effective July 1, 2009.]
South Carolina domicile for tuition and fee purposes shall be established as follows in determinations of rates of tuition and fees to be paid by students entering or attending State Institutions:
A. Independent persons who reside in and have been domiciled in South Carolina for a period of no less than twelve months with an intention of making a permanent home therein, and their dependents, may be considered eligible for in-state rates.
B. Independent persons who reside in and have been domiciled in South Carolina for fewer than twelve months but who have full-time employment in the State, and their dependents, may be considered eligible for in-state rates for as long as such independent person is employed on a full-time basis in the State.
C. Where an independent person meeting the provisions of Section 59-112-20 B above, is living apart from his spouse, or where such person and his spouse are separated or divorced, the spouse and dependents of such independent person shall have domiciliary status for tuition and fee purposes only under the following circumstances:
(1) if the spouse requesting domiciliary status for tuition and fee purposes remains domiciled in South Carolina although living apart or separated from his or her employed spouse;
(2) if the dependent requesting domiciliary status for tuition and fee purposes is under the legal custody or guardianship, as defined in Section 59-112-10 I above, of an independent person who is domiciled in this State; or if such dependent is claimed as an income tax exemption by the parent not having legal custody but paying child-support, so long as either parent remains domiciled in South Carolina.
D. The residence and domicile of a dependent minor shall be presumed to be that of the parent of such dependent minor.
E. Independent persons who reside in and are domiciled in Chatham-Effingham and Bryan County Georgia, and their dependents, may be considered eligible for in-state rates for as long as the Georgia Board of Regents offers its Georgia Tuition Program by which it grants in-state tuition to students residing in the Beaufort and Jasper county area. SECTION 59-112-30. Effect of change of residency.
When the domicile of a student or of the person upon whom a student is financially dependent changes after enrollment at a State Institution, tuition charges shall be adjusted as follows:
A. Except as provided in Section 59-112-20 B above, when domicile is taken in South Carolina, a student shall not become eligible for in-state rates until the beginning of the next academic session after expiration of twelve months from date of domicile in this State.
B. When South Carolina domicile is lost, eligibility for in-state rates shall end on the last day of the academic session in which the loss occurs; however, application of this subsection shall be at the discretion of the institution involved.
C. Notwithstanding the other provisions of this section, any dependent person who has been domiciled with his family in South Carolina for a period of not less than three years immediately prior to his enrollment may enroll in a state-supported institution of higher learning at the in-state rate and may continue to be enrolled at such rate even if the parent, spouse or guardian upon whom he is dependent moves his domicile from this State. SECTION 59-112-40. Effect of marriage.
Except as provided in Section 59-112-20 above, marriage shall effect determinations of domicile for tuition and fee purposes only insofar as it operates to evince an intention by the parties to make a permanent home in South Carolina. SECTION 59-112-50. Military personnel and their dependents.
Notwithstanding other provisions of this chapter, during the period of their assignment to duty in South Carolina, members of the armed services of the United States stationed in South Carolina and their dependents are eligible for in-state rates. When such armed service personnel are ordered away from the State, their dependents are eligible for in-state tuition rates so long as they remain continuously enrolled at the state institution where they are enrolled at the time the assignment ends. These persons and their dependents are eligible for in-state rates after their discharge from the armed services even though they were not enrolled at a state institution at the time of their discharge, if they have evidenced an intent to establish domicile in South Carolina and if they have resided in South Carolina for a period of at least twelve months immediately preceding their discharge. SECTION 59-112-60. Faculty, administrative employees and dependents; eligibility to attend classes and receive tuition assistance.
(A) Except as provided in this section, full-time faculty and administrative employees of State Institutions and their spouses and children are excluded from the provisions of this chapter.
(B) Employees of public colleges, universities, and technical colleges may attend classes at an institution of higher learning and receive tuition assistance in accordance with Budget and Control Board guidelines and regulations. SECTION 59-112-70. Abatement of rates for nonresidents on scholarship. waiver for students participating in international Sister-State agreement or student exchange programs.
(A) Notwithstanding other provisions of this chapter, the governing boards listed in Section 59-112-10A, are authorized to adopt policies for the abatement of any part or all of the out-of-state rates for students who are recipients of scholarship aid.
(B) State-supported colleges and universities, including the technical colleges, may waive the nonresident portion of tuition and fees for those students who are participating in an international Sister-State agreement program which the Governor and the General Assembly have entered to promote the economic development of South Carolina. The nonresident fee waiver for the students is applicable only for those Sister-State agreements where South Carolina students receive reciprocal consideration. The Commission on Higher Education, through coordination with the State Budget and Control Board, will annually notify institutions of the Sister-State agreements eligible for the nonresident fee waiver. The credit hours generated by these students must be included in the Mission Resource Requirement for funding.
(C) State-supported colleges and universities that have an established and ongoing relationship in one or more degree programs with an international institution, the terms of which have been formally approved by the institution's board of trustees, and a relationship that includes regular arrangements for the enrollment of qualified students and the exchange of faculty between the institutions, although not necessarily in equal exchange numbers, may waive the nonresident portion of tuition and fees for nonresident students enrolled in the program. SECTION 59-112-80. Administration of chapter; burden of proving eligibility on students.
Each State Institution shall designate an official to administer the provisions of this chapter. Students making application to pay tuition and fees at in-state rates shall have the burden of proving to the satisfaction of the aforesaid officials of State Institutions that they have fulfilled the requirements of this chapter before they shall be permitted to pay tuition and fees at such rate. SECTION 59-112-90. Penalties for willful misrepresentations.
Where it appears to the satisfaction of officials charged with administration of these provisions that a person has gained domiciliary status improperly by making or presenting willful misrepresentations of fact, such persons shall be charged tuition and fees past due and unpaid at the out-of-state rate, plus interest at a rate of eight percent per annum, plus a penalty amounting to twenty-five percent of the out-of-state rate for one semester; and until these charges have been paid no such student shall be allowed to receive transcripts or graduate from any State Institution. SECTION 59-112-100. Regulations.
The Commission on Higher Education may prescribe uniform regulations for application of the provisions of this chapter and may provide for annual review of such regulations. SECTION 59-112-110. University of South Carolina's Aiken Campus and Aiken Technical College; in-state tuition for certain Georgia residents.
The University of South Carolina's Aiken Campus and Aiken Technical College may offer in-state tuition to a student whose legal residence is in the Richmond/Columbia County area of the State of Georgia as long as the Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing in the Aiken/Edgefield/McCormick County area of the State of South Carolina, or students residing in the Aiken/Edgefield County area of the State of South Carolina if the Georgia Board of Regents does not include McCormick County residents in its Georgia Tuition Program. SECTION 59-112-120. Law student fee waivers.
The South Carolina Technical Colleges may offer in-state rates to residents of bordering North Carolina and Georgia communities if a reciprocal agreement is in effect with the two-year colleges in these neighboring regions or when students from these out-of-state communities are employed by South Carolina employers who pay South Carolina taxes. SECTION 59-112-130. Institutions with law schools; fee waivers.
A public institution of higher learning with a law school may offer fee waivers to no more than four percent of the law school student body. This waiver does not affect the capacity of the fee waivers for four percent of the undergraduate student body. This waiver must not be applied to fees for out-of-state students.

How long must I live in South Carolina before I can establish residency?

Under most circumstances, a person must live in South Carolina for 12 consecutive months in order to establish residency.

What kind of documents establish intent to become a SC resident?
1. Statement of full time employment;

Designating South Carolina as state of legal residence on military record;

Possession of a valid South Carolina driver’s license, or if a non driver, a South Carolina identification card. Failure to obtain this within 90 days of the establishment of the intent to become a South Carolina resident will delay the beginning date of residency eligibility;

Possession of a valid South Carolina vehicle registration card. Failure to obtain this within 45 days of the establishment of the intent to become a South Carolina resident will delay the beginning date of residency eligibility;

Maintenance of domicile in South Carolina;

Paying South Carolina income taxes as a resident during the past tax year, including income earned outside of South Carolina from the date South Carolina domicile was claimed;

Ownership of principal residence in South Carolina; and

Licensing for professional practice (if applicable) in South Carolina.

*Please note that any single indicator may not be conclusive.

My parents and I were not residents of South Carolina when I graduated from high school, are there any State Scholarships or Grants I can qualify for?

Students who did not graduate from high school in South Carolina and were not dependents of SC residents at the time of high school graduation may be eligible to receive the SC Need-based Grant and/or Lottery Tuition Assistance. Please contact the financial aid office at your institution about your eligibility.

I am a member of the military. How does that affect my SC residency?

Members of the military permanently assigned in SC on active duty and their dependents qualify under an exception category. Military members and their dependents may be charged in-state tuition and fees without having to establish a permanent home in South Carolina.

SC residents who are members of the military stationed outside of SC and their dependents may receive in-state tuition and fees if they continue to claim SC as their state of legal residency. SC residents who change their state of legal residence lose their SC resident status for tuition and fee purposes

My parents are divorced. How does that affect my residency? What about scholarships?

If one of the following scenarios applies to your situation then you can claim SC residency:

Joint Custody and one parent is a SC resident; or

Parent that claiming the child on income taxes; or

Parent that is SC resident pays child support over the cost of attendance as dictated by the college.

If you are a dependent of a SC resident then you may be eligible for State scholarships and grants. Please consult the financial aid office at your institution. What happens if my parents are transferred out-of-state?

Generally, the student may continue to claim SC residency as long as he/she is continuously enrolled during all regular academic terms (fall and spring terms or their equivalent) if the family had lived in South Carolina for over three years and the move was job related.

My company transferred me to South Carolina from Florida my daughter’s senior year of high school. Will she be eligible for the State scholarships?

In order for her to be eligible for the Palmetto Fellows, LIFE or SC HOPE Scholarships, you will need to be a resident of SC at the time she graduates from high school. The following items will show the intent to become a resident of SC:

Statement of full time employment in SC;

Designating South Carolina as state of legal residence on military record;

Possession of a valid South Carolina driver’s license, or if a non driver, a South Carolina identification card. Failure to obtain this within 90 days of the establishment of the intent to become a South Carolina resident will delay the beginning date of residency eligibility;

Possession of a valid South Carolina vehicle registration card. Failure to obtain this within 45 days of the establishment of the intent to become a South Carolina resident will delay the beginning date of residency eligibility;

Maintenance of domicile in South Carolina;

Paying South Carolina income taxes as a resident during the past tax year, including income earned outside of South Carolina from the date South Carolina domicile was claimed;

Ownership of principal residence in South Carolina; and

Licensing for professional practice (if applicable) in South Carolina.

What is the difference in applying for residency as dependent or independent?

If a parent, guardian, or spouse provided more than half of the student’s support for the past twelve months, the student is considered dependent and it is the parent, guardian, or spouse that must meet the residency requirements. If the student provided the majority of support, then the student may be eligible to apply as independent. An independent student must have his/her own SC domicile. Dormitory housing cannot be used as one’s domicile, as it is temporary in nature.

Am I required to provide over 50% of my total financial support to be considered independent?

You must provide over 50% of your total support with earnings coming from is his/her own earnings or income from employment, investments, or payments from trusts, grants, scholarships, commercial loans, or payments made in accordance with court order. Total support must also be greater than total expenses.

Can gifts from parents and relatives be counted as support that a student has provided?

No. Gifts are considered money coming from elsewhere and do not count toward financial independence. Financial support must come from the sources listed in the law/regulations.

Are Parent (PLUS) loans considered financial support contributed by students?

No. PLUS loans are applied for and awarded to the parents.

Are pre-paid tuition plans considered financial support provided by the parents?

Yes. Even though pre-payment plans are in students’ names, the parents contributed the funds and received the tax benefits. Therefore, they are considered funds from the parents.

Can I use the money I’ve saved in my savings and checking accounts to establish my financial independence?

A student may be allowed to use money saved in a savings or checking account if he/she can prove that the funds are from allowable sources. Allowable sources consist of his/her own earnings or income from employment, investments, or payments from trusts, grants, scholarships, commercial loans, or payments made in accordance with court order.

Does owning property in South Carolina allow students to receive in-state tuition?

No. For independent students, owning property by itself does not allow students to receive in-state tuition, as the other requirements still must be met. For parents of dependent students, South Carolina must be the primary state of residence. Simply owning property is not sufficient.

If I have lived in South Carolina for more than one year, does that make me eligible for in-state tuition?

No. There is nothing automatic about residency. You must meet all of the requirements, submit a residency application, and be approved before you become eligible.

If I move here and live with relatives, does that make me eligible?

Not unless the relative has court-ordered guardianship and claims you on their taxes.

Am I eligible for residency if I use a South Carolina address on all of my records and legal documents?

You still must meet the other requirements. For admission, other factors are important, such as the source of transcripts and addresses of parents.

Can I use my on-campus apartment as my family’s residence?

On-campus housing is considered temporary because you must be a student to live in it. As a result, you may not use on-campus housing to prove in-state residency.

If I enroll as an out-of-state student my first year can I receive in-state tuition and fees the second year if I live off-campus?

No. You would need to establish residency and show you are in SC for reasons other than attending college.

Where do I submit an appeal if I do not agree with the institution’s decision?

Students wishing to appeal a decision must follow the grievance procedures established by the college or university to which they apply.